Evidence may be given of facts in issue and relevant facts. ––Evidence may be given in any suit
or proceeding of the existence of non-existence of every fact in issue and of such other facts as are
hereinafter declared to be relevant, and of no others.
Explanation.––This section shall not enable any person to give evidence of a fact which he is
disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure5
.
Illustrations
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A’s trial the following facts are in issue:––
A’s beating B with the club;
A’s causing B’s death by such beating;
A’s intention to cause B’s death.
(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the
case, a bond on which he relies. This section does not enable him to produce the bond or prove its
contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions
prescribed by the Code of Civil Procedure.
Section 5 Indian Evidence Act
Section 5 of the Indian Evidence Act states that evidence related to only relevant facts and facts in issue may be presented in court. The section essentially limits the scope of what can be discussed in a case to those facts that are directly related to the issue at hand.
Facts in Issue
These are the core facts being contested or disputed in the case. The facts in issue are those facts that determine the rights or liabilities of the parties involved in the case. For example, in a murder trial, whether the defendant killed the victim is a fact in issue.
Relevant Facts
These are facts that are connected to the facts in issue in a way that they help prove or disprove the facts in issue. They might not directly resolve the dispute but support the likelihood of one version of events over another.
For example, in the same murder trial, if the defendant was seen near the crime scene just before the murder, this fact could be considered relevant because it may help establish the defendant’s involvement in the crime.
Some Examples
Example 1: Criminal Case (Murder)
In a murder trial, the facts in issue may include:
- Did the defendant kill the victim?
- Did the defendant have a motive to commit the murder?
A relevant fact could be:
- A witness testified that they saw the defendant near the victim’s house shortly before the murder took place.
While this fact doesn’t directly prove the murder, it is relevant to the defendant’s possible involvement in the crime.
Example 2: Civil Case (Property Dispute)
In a property dispute case, the facts in issue may include:
- Who is the rightful owner of the property?
A relevant fact could be:
The existence of a will in which the deceased left the property to the plaintiff. This supports the plaintiff’s claim of ownership.
| Concept | Explanation |
|---|---|
| Fact in Issue | The central facts that are being contested in a case. |
| Relevant Fact | Facts that are connected to the facts in issue, helping to prove or disprove them. |
| Court’s Role | Ensures that only facts relevant to the case are presented in court. |
Case Laws
Emperor v. K.K. Verma (1942)
The court in this case explained the importance of relevant facts and how they must be connected to the facts in issue. The court ruled that only facts that assist in deciding the central dispute should be presented as evidence.
State of Punjab v. Shama (2005)
In this case, the court discussed the broader scope of relevant facts. It noted that while facts must be relevant, they do not have to directly prove the issue at hand but must help establish a connection to the disputed facts.
Legal Disclaimer
This explanation of Section 5 of the Indian Evidence Act is for educational purposes only and does not constitute legal advice. For advice regarding specific legal issues, it is recommended to consult a licensed attorney.
